According to the formal process of investigation of a crime, after the completion of investigation a report is filed by the police before the Magistrate which is also known as a Chargesheet. The understanding of such a Chargesheet is laid down in Section 173 of the Code of Criminal Procedure wherein a detailed explanation is laid down in eight sub-sections.

The purpose of filing a chargesheet is to bring out a report of the investigation in order to make it convenient for the judiciary to understand the entire crime scenario before making any decision. However, there are also chances where a further investigation may be required to be undertaken if the need arises. In such instances, Section 173(8) comes into play which lays down as follows:

        “Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub- section (2).”

In a recent case of Ganesan v. SHO and Anr.[1], the Madras High Court has held that Section 173(8) of Cr.P.C., does not place any fetter on the Police to conduct further investigation after commencement of trial.[2] They took the aide of a precedent set by the Apex Court wherein it was laid down as follows:

          “If there is necessity for further investigation, the same can certainly be done as prescribed by law. The mere fact that there may be further delay in concluding the trial should not stand in the way of further investigation if that would help the court in arriving at the truth and do real and substantial as well as effective justice.”

Hence, these cases bring out a meaning to the phrase “further investigation” as enshrined in Section 173(8) of the Code of Criminal Procedure.